The assignment is based on understanding the effect of employment laws on the employment relations. For the purpose of the same, a local farm park has been chosen which has only 25 permanent staff members. Yet in the summer season this number goes to around 75 because of the need of more staffs due to the rise in local travellers who visit the park in this season.
The park has to keep ahead of, and react towards the internal and external and environmental changes that have influence on them. For studying the external factors, PESTLE analysis has been performed, which effects employment and unemployment status:
The political intervention for the pressures that come up as the latest laws, specially on the activities of park like safety, employment, taxes and various other related factors. For this park, it is necessary to understand that employment law for dealing with the human rights and their duties.
Economic changes involve the local, national and overseas economic situations that have aneffect on the number of the people visiting the park. A few times the economy is upbeat and in a condition of boom and abundance, unemployment is small, customer expenditure is high and land prices rise. In other periods the market drops and the ‘highs’ that are stated above get overturned. These are just the ‘bust’ circumstances of an economic recession as contributed by the banking crisis that came up due to 2008 and 2009’s recession in the UK. Therefore the park’s management has to make to its staffs on the basis of the rise and drop-off economy. HR Specialists have to consider the changing patterns of economy, because, competition is high and number of travellers is more so there is a shortage of staff members, especially of skilled staffs. Similarly when there is a downfall in economy, there are redundancies to be created and the permanent employees have to be less in number.
The social trends life culture, values, whims and fashion have the effect on the demand of people. Whenever there is a change in the lifestyle of people the number of local travellers to the park will also change.
Technological innovations like better systems for entertainment and use of technology for attracting people can affect the footfall of travellers in the park. The number of people to be employed by the park is dependent on the expected footfall only.
The legal pressures which are due to safety issues, employment laws, government and EU policies etc. have an effect on the HR policies of the park. In the past, many laws have been linked with the welfare of the job like work time Directives & the families act (2006); Rights had been extended in the year 2007 to the workers who care for adults and kids etc.
Environmental aspects have an effect on employment of the park. Nowadays people are very much concerned of the impact of business activities on that last month and the pressure groups keep track of various harmful acts and their impact on the nature. Therefore the HR specialist have to insured that there are environmental friendly activities, so that the workers who work with the Park are not impacted by these social groups and pressurising bodies.
For the internal factors the park has to consider it’s all the rules to be followed within the business environment and the risks associated with such a small number of staffs. This less number can be threat to the business, yet the strength is that employer has less of human resources to control and thus it can effectively manage its workforce.
The difference among employee and self-employed is extremely significant since the majority of employment rights relate just to workforce. Employee is protected both in the unemployment Act and as per insurance for workers’ rights in cases of insolvency or business insolvency. However, the self-employed are not protected in the unemployment Act or in the insurance for workers’ rights for the insolvency or business bankruptcy.
Each of employees is the worker yet every worker is not always an employee. This is dependent on the contractual link that one has with the employer. The difference is necessary as various significant rights – like the right to claim unwarranted sacking or maternity leave – rely on being an employee. For different rights, like the right to be remunerated the state Minimum Wage, one has to be a worker. The third type i.e. the indisputably self-employed – have a handful of employment rights. Deciding if one is an employee or is self-employed is debatable and usually uncertain. If one is not sure, he must look for suggestion from Citizens Advice Bureau. So, the differences among three can be summarized as:
Employee is one who carry out the work under the employment Act
Worker is one who has a contract or any other agreement (not necessarily a written contract) to carry out works for getting rewarded. This reward might be in cash or in kind. This work can also be subcontracted and the contract has a timeline attached.
Self- employed individual is one who works for himself and runs own business. He is accountable for being successful or unsuccessful.
It is important for the employer to know the employment status of the employee because the workers will also effort to the conditions in a contract of employment and usually will have to perform the job in person. A few of the workers may have a restricted right to send anyone else to perform the job, like a sub-contractor. Workers might comprise:
Workers are worthy of a few employment rights together with:
Employment position has a high impact on the persons in knowing their rights and for employers in knowing their duties towards those persons. The employment status affects the eligibility for a few benefit plans and different programs.
In case of the park, they have to hire part Time workers to deal with its rising demands during the season. In most of the state, the part-time workers are ones who have to work not more than 35 hours perweek, In comparison to the full-time staff who usually has to perform their job for 40 hours or beyond that. The part-time employees are generally remunerated on the basis of hours they spend, and as for the business rules, laws and procedures. The part-time staff members will have either none of the business benefits or this might be restricted like the sick-offs, vacations, health advantages etc. As per the ERISA – employee retirement income securities act, the seasonal workers who perform the job for more than thousand hours in calendar year might also get the retirement facilities (Compactlaw.co.uk, 2017).
The legal requirement in this case is the part Time workers or seasonal workers must not be working beyond 35 hours in a week.
The part time workers can’t be asked to work beyond 35 hours and are also provided with flexibility at work, so that they can manage the family as well as their work. As per the federal laws, under the fairlabour standards act (FLSA), the part Time staffs are give the same treatment as the full-time staffs. This equal treatment is in terms of the minimum wages, overtime payment, child labour as well as the record maintenance. The part-time staff members are also protected under the safety and health procedure is which relate to the work – linked injuries, occupational risks and fatal happenings at work, illness.
Issue 1: Pay related issue:The individuals must not be demotivated due to the pay- related issues. The part-time workers have to be given with equal treatment therefore there was a law which came into effect from 1st July 2000 that is the law of preventing the less favourable treatment. This law takes care of the rights on pays, training, holidaying, and pensions to be extended to the part-time workers, agency workers and the freelancers. As per this law is the part Time workers are entitled to get the same hourly rate as of the full-time workers. They are also entitled to get the similar hourly rate of overtime as compared to the full-time staff, if in case they have worked in excess of the usual full-time hours.
Issue 2: Training issue: The part timers must not be eliminated from training just as they are part-timers. They have the similar privileges to avail the yearly leaves and maternity/parental offs as per the pro-rate like the full-time staffs.
Part-time employees have the equal employment privileges like full-time staff. UK employment law leads to no difference among the ‘permanent’ and ‘temporary’ workers. To be eligible for many employment rights, though, staff should have been working for a minimum time of nonstop service with their employer. A lot of the temporary workers will have inadequate service. Yet in a few situations the temporary workers might accumulate adequate nonstop employment to be eligible for employment rights, even if they have small breaks in their job. A few of the employment rights – like the right of not to be discriminated as per the racial features, sex, disability, or religious conviction – have no least service requirements. A lot of temporary employees are provided by employment agencies and thus the contractual conditions might differ from those of permanent staff who work for the same business. The European Commission (EU commission) has created a draft directive for the part-timers. The fundamental aim of the directive is to guarantee that the agency staffs have the equal rights and remuneration like the full-time staffs.
In its own, the lawful contract of employment provides with a restricted depiction of the employment relation, with staff contributing little to its requisites past admitting to them. In this way, the psychological contract might be extra significant as it controls the opinions of the employer-employee relations and has an impact on how employees act on daily basis. Thus, the psychological contract is created on the daily acts and declarations laid by both parties – the anticipations and undertakings that secure the two- positive and negative views. It is indefinable in character – rather different from the lawful contract of employment on which the employers and employees sign. The psychological contract is defined as the individual faiths created by the business/ employer about the requisites of an exchange contract among employees’ and their employer (Coyle-Shapiro and Kessler, 2000).
This treatment for the employee’s dismissal is a fair one because there is a reason connected to the dismissal of the employee (Acas.org.uk, 2017). This is based on the conduct of the employee who has been dismissed. This is a substantial cause behind justification of the dismissal and the employer or the manager had acted reasonably for taking the treatment as adequate for such dismissal
It is necessary for the business to take exit interview of the permanent employees who resigned because this way the business would have gained an important information which can be used to deal with the working environment, looking culture, date today issues, work-related it takes, and moral of the staff. By the exit interviews, the company gets an opportunity to know the viewpoints of the people who leave the business. This way the business is aware of the perceptions regarding the company. Once the staff designs, time pliers can make use of exit interviews for mowing a constructive criticism and knowing how people perceive the business and how they look at their growth or career prospects while working with such organisation. When the business keeps track of its exit interviews and looks at their results then it can come to know about the trending and major issues behind quitting from the job. By the exit interview, the business also gets an opportunity to know the reason behind that turnover, which might be high in some areas. As 5 people have resigned altogether it is a major concern for the business therefore it has to carry out the exit interviews to identify other problematic areas. This way, these issues can be sorted out and if the people are leaving the job on bad terms, then it can be resolved. The exit interviews are also chances to retain the feel of the talented and skilled employees. Please even help in dealing with the problematic areas inside the business so that any further resignations can be prevented.
In case that exit interviews would have been taken then the business could have come to know about the perception of the people regarding management. This with the persons who are leaving can voice their concerns, worries, issues etc. And since they are leaving they would not feel afraid, threatened or awkward question in the exit interviews the people are quite honest and frank regarding their reasons to leave. Finally takes it introduced can be very useful for assessment and analysis of the complete employee engagement. This way it prevents the future staffs from resigning and also improves the business’ whole working environment
The employee i.e. the farm park has to carry out a fair redundancy process. And this process is generally written in the contract or the staff handbook, or it might be the procedure that would have been used in the past redundancies. In case this procedure is written somewhere, then they employer has to make sure that it is performed properly. This procedure has to let those ten employees know that how they had been chosen for redundancy. They also have to be informed about the time taken for coming to that decision. The business will have to inform those ten employs regarding the meetings which they can attend and when. They must also be aware of how they can appreciate if they are chose it for such redundancy. This procedure has to be followed in any case however there are different ways of doing such. Time plan has to meet each of these 10 individuals personally, at least one time prior to telling them about their ultimate redundancy decision. In this meeting, the employer and employee have to discuss about the causes behind such redundancies and why that particular person has been chosen. There can be different job options available, which can also be told to the employees. This is the time when the employees can also be made aware of what would be happening after their resignation. This kind of meeting is an opportunity for those employees to explain to the employer, why they should not be made redundant. Even the employee can discuss with time prior, if he feels that the procedure was not being carried out in a proper manner or if he feels that the choice was not fair.
The employer has to make sure:
that there are actual business-related causes behind such action (which means that the redundancy is substantively reasonable)
that the procedure by which this is carried out is fair (practical even-handedness), and
That the employer meets the terms with whichever applicable requisites in the employment the contract.
As per the EMPLOYMENT RELATIONS ACT 2000 the employees are protected from being impacted by restructuring where they are employed, as such jobs will be performed by workforce of a new employer or by any other individual (Gov.uk, 2017). In a few of the cases, where employees in some businesses have been transferred to a fresh employer and after that, they are made redundant, redundancy privileges can be laid by the Employment Relations Authority. In case, in the contract a notice period has been mentioned for the redundancy then the same must be served by the employer.
Conclusion
This assignment has been made with respect to a case study in which the employment laws in UK have been discussed. There have been various situations provided, for which the outcomes have been shown on the basis of the Employment law of UK. It is a useful assignment, in terms of knowing the rights and duties of the employers and the employees.
References
Acas.org.uk. (2017). Fair and unfair dismissals | Acas advice and guidance | Acas. [online] Available at: https://www.acas.org.uk/index.aspx?articleid=4098 [Accessed 8 Mar. 2017].
Coyle-Shapiro, J. and Kessler, I. (2000). Consequences Of The Psychological Contract For The Employment Relationship: A Large Scale Survey*. Journal of Management Studies, 37(7), pp.903-930.
Gov.uk. (2017). Making staff redundant – GOV.UK. [online] Available at: https://www.gov.uk/staff-redundant/overview [Accessed 8 Mar. 2017].
Compactlaw.co.uk. (2017). The Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000. [online] Available at: https://www.compactlaw.co.uk/free-legal-articles/part-time-workers-regs-2000.html [Accessed 8 Mar. 2017].
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